Sen. Gu, Rep. Cortvriend introduce legislation to strengthen shoreline access
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| Photo by Will Collette |
“Our coasts, rivers, ponds and lakes are precious resources
that make Rhode Island special,” said Senator Gu (D-Dist. 38, Westerly,
Charlestown, South Kingstown). “These bills provide the tools necessary to
preserve historic foot paths and rights of ways so that every Rhode Islander
can enjoy them.”
The three bills would make it easier for both the Coastal
Resources Management Council and municipalities to preserve traditional
footpaths and shoreline rights of way and to educate tenants of shoreline
properties about public shoreline access rights.
“The General Assembly has made important progress over the last three years to define and protect the public’s constitutional right to enjoy the shoreline, but we still have work to do to protect the paths and walking trails that provide access to our coasts,” said Representative Cortvriend (D-Dist. 72, Portsmouth, Middletown).
“This package of bills gives
towns and the CRMC the tools they need to preserve walking trails for
recreation and conservation and ensures that coastal renters won’t be surprised
by existing public access near their home after they move in.”
The first bill (2026-H 7776, 2026-S 2704) would give municipalities more flexibility to
preserve historical footpaths and rights of way in their historic forma as
footpaths for non-motorized travel by allowing them to designate old cart paths
and trails as “special ways.” “Special ways,” when approved after a public
hearing and majority vote of the town or city council, could neither be
obstructed nor widened and paved for vehicle use.
The bill would also allow towns to preserve access to abandoned roads for walking, biking or other recreational purposes. Under current Rhode Island law the only option for a municipality that does not wish to maintain a road is to abandon it totally to the abutting private property owners.
The bill would require a municipality, when abandoning a road,
to vote on whether to preserve an easement for walking or other types of
recreation. This option could help towns retain access to the shore at a
time when sea level rise and frequent flooding is prompting them to consider
abandoning low-lying coastal roads.
The second bill (2026-H 8107, 2026-S 2135) would allow the CRMC to designate historical
footpaths as rights of way. Currently a pathway must have been used by carriages or vehicles to qualify as a potential right
of way. This bill would repeal that condition, paving the way for the CRMC to
protect historical footpaths used for shoreline access through official
designation.
The final bill (2026-H 8110, 2026-S 2734) would require landlords to provide tenants
with written shoreline access disclosure before the start of tenancy. The disclosure would include the public’s
rights and privileges to the shore up to 10 feet above the recognizable high
tide line, requires the landlord to disclose any known rights of way to the
tenant and advise the tenant to contact CRMC to find out if any public rights
of way or permits are tied to the property.
Senator Gu and Representative Cortvriend sponsored a new law in 2024 that requires similar disclosure to
buyers of shoreline property. This bill would extend this disclosure to tenants
of shoreline property.
“Backcountry Hunters & Anglers applauds the introduction of this year’s package of shoreline access bills, and thanks Senator Gu and Representative Cortvriend for their continued efforts to protect and enhance Rhode Islanders’ shoreline access rights,” said Michael Woods, board chair of the New England Chapter of Backcountry Hunters & Anglers.
“While the
General Assembly has made considerable progress on lateral shoreline access in
recent years, the public can’t fully enjoy the shore without a robust system of
rights of way to get there. This year’s package of legislation rightfully
focuses on providing coastal policymakers the tools they need to continue
developing Rhode Island’s shoreline access network, and we look forward to
supporting these efforts through the legislative process.”
Longtime advocates for protecting Rhode Islanders’ access to
the shoreline, Senator Gu and Representative Cortvriend also sponsored
legislation (2025-S 0716aa, 2025-H 6093Aaa) signed by the Governor last
year that set requirements that municipalities, private agencies and other
organizations must follow before they reduce or restrict parking near public
rights of way.
“Public access to and along the shoreline is a
fundamental right in Rhode Island, enshrined in our constitution, that is
constantly under threat,” said Jed Thorp, director of advocacy with Save The
Bay. “We commend Senator Gu and Representative Cortvriend for their continued
leadership on these issues.”
